With Respect to Having the Court Set Aside a Contract

question 70

Multiple Choice

With respect to having the court set aside a contract on the basis of undue influence,which of the following is false?

• A)Where undue influence is established,the resulting contract is voidable,not void.
• B)If the court presumes the existence of undue influence,the person asking for the return of the property will automatically get it back.
• C)A contract made in favour of a dominant person who exerted undue influence over the weaker party is voidable at the option of the weaker party.
• D)If you are a dominant person in relation to an aged relative who wants to sell you his house below market value,you should insist that the aged relative receive independent legal advice.
• E)If a client transferred property to his lawyer and later claimed the transfer was due to undue influence,the law would presume the transfer was due to undue influence.

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Definitions:

Moral Dilemmas

Scenarios or situations that require an individual to choose between actions that are typically considered right or wrong.

Moral Development

The process by which individuals learn to differentiate right from wrong and to develop attitudes and behaviors that are socially acceptable.

Gilligan

Carol Gilligan is a psychologist who criticized Kohlberg's theories of moral development for being gender-biased and introduced an alternative perspective focusing on relationships and the ethic of care.

Moral Development

The process through which individuals learn and apply codes of conduct, discerning right from wrong in various social contexts.